Water Imperial Laws in Japan

Water Law in Imperial Japan

Public Goods, Private Claims, and Legal Convergence 

INTRODUCTION

Yojimbo is a concept that describes the way private property and rare resources are not enforced by public authority. Japanese Imperial water laws go from a free-for-all grab of resources and water supply to an organized system with privatized properties and improved distribution. This journal researched the development and how Japan maintained traditional irrigation and water ownership over the centuries.

(Fig. 1) Imperial palace next to water channel from dam.

redistribution systems

Development of Public and Private Property Claims

(Fig. 1) Water controls in a Japanese Irrigation system

(Fig. 2) Water controls in a Japanese Irrigation system

Rice is one of the essential resources throughout Japanese history. When it comes to growing rice, water is also a large component of the process, which inturn, makes water a valuable resource at the time as well. In ancient times, Japanese farmers became creative in the ways they irrigated water, such as: paddies, rivers, dams, terraces, and reservoirs. They sculpt their landscape to ensure that water floods in and out of the rice fields in the correct time.  in Japanese culture, any interference or breakage of communal irrigation rules is considered a crime in regard to public order and private claims. Historically, water was a scarcity for farmers due to the policies that surrounded water. In the early periods of Japanese history, water was categorized as a communal resource, which led to farmers unsure of the consistency of rice harvests (Yasuda, 1933). During the 7th and 8th centuries, Japanese systems took inspiration from Chinese redistribution techniques. The people in power would cycle through land and resource distribution every 6 years, but this led to discouragement amongst the farmers and agricultural techniques lacked in advancements. For centuries, since resources were communal, peasants and farmers used land with no regard to long term consequences (Ramseyer, 5). Later in the 14th and 15th centuries, leaders took note of these disadvantages and shifted to more elaborate agricultural techniques. Private security and clearer boundaries of ownership was put in place. Due to these advancements: farmers, peasants, and other workmen alike were more encouraged to maintain this stability and invest more in developments. This is when the irrigation processes used to this day in Japan became more apparent. During the Tokugawa era (1600-1868), many of the basic irrigation processes created are still upheld to this day in Japan. As the Tokugawa era comes to a close, Japan has developed legal privatized farm and irrigation property as well as developed irrigation processes that the Japanese still hold dear in their traditions and nationalism. 

irriga-toin imperial laws

In the Meiji period (1868-1912), private claims to water were based on the usage and flow of water. The courts at this time enforced the traditional laws that stemmed from the Tokugawa era with added customary private interests. An issue arose when there was an uneven distribution of water amongst land. Villages and farmers who have access to water could use it in whichever way they liked, and some were not generous. According to the code, the rights to land was privatized, which gave landowners complete rights to the land they owned, so those with no access to water suffered and property with access to water skyrocketed. Customs started to take shapes as a means for landowners with access to water to make a profit. Customary actions were made legal, however, it was still a form of privatization. The rights to water flowage, consumption, and divergence of water passages still are given to the holders of property owners.

(Fig. 3) Irrigation  rivers on properties to redirect water.

(Fig. 4) Imperial Dam

(Fig. 5) Field channels to direct water into rice fields.

(Fig. 6) River channel that allows water to flow into fields by season.

hot spring imperial laws

The development of legal customs surrounding natural spring waters. 

(Fig. 7) Town of Kinosaki

Subterranean water was a new territory that needed regulating, as natural hot springs and bath houses are a long-holding tradition in Japan. These natural waters hold traditional customs and medicinal values that the Japanese have valued for centuries. Rural inns and bathhouses became a way of profit for those in countryside territories. During the Meiji era, many cases arose demanding the right to drill new wells in order to gain access to these sacred waters. As more and more were passed legally, hotels and man-made buildings were able to source these subterranean waters directly into their resorts and inns. Regulations arose as landowners began to take underground water with no regard. Customs hault newcomers from drilling for steam unless they purchase a license and they have permission from the village. For example. Ramseyer cites a legal dispute that took place in Kinosaki village. Kinosaki is well known for their baths that provided medicinal value. As the railroad arrived in 1909, many visitors from urban cities seeking refuge in the rural countryside yearned to bathe in these healing waters (Remseyer, 14). Authorities turned a blind eye when inns would mix spring waters, but the access to these spring waters began to split the town’s economy in half. Poorer locals and villagers began to cut off electricity to new hotels and inns that sprouted in Kinosaki. They cut off subterranean water flowage to these more modern hot springs and prioritized their natural ones they owned. The authorities came to an agreement that this situation was getting out of hand so the court developed a law that locals would have limited usage of underground steam, but proper, paying landowners were able to exploit an underground steam on their property. This includes indoor pumping as well. With the development of new drilling and pumping techniques in the 1960’s, as the visitors increased greatly (1.5 million visitors per year), inns were able to have their own baths once again. 

(Fig. 8) Modern day resort in Kinosaki, Japan. They pump natural spring water into their man made baths.

CONCLUSION

Water convergence of legal rules may seem ambiguous, but it is the most efficient process for the way water resources are distributed in Japan. Agricultural improvements stemmed from Early modern Japanese laws and their processes in privatizing water on usage and flow. It takes more than simply investing in water dependent facilities, potential landowners must use the water for a substantial amount of time in order to gain the customary right and to account for newcomers with a better legal private claim. The privatization and regulation of distribution actually increased the rate of agricultural development and irrigation systems in Japan. For this reason, Japan has maintained these sustainable, ancient ways of irrigation and water distribution. These qualities only add to the long-holding traditions and national pride of the country.

(Fig. 9) Rice terraces from Tokugawa era maintained to modern day.

WORKS CITED

Ramseyer, J. Mark. “Water Law in Imperial Japan: Public Goods, Private Claims, and Legal Convergence.” The Journal of Legal Studies, vol. 18, no. 1, 1989, pp. 51–77. JSTOR, www.jstor.org/stable/3085642. Accessed 4 Mar. 2021.

WORKS CITED IMAGES

Eyre, John D. “Ground View Irrigation Dam (Fig. 5, Pg 9).” Water Controls in a Japanese Irrigation System, 1976, www.jstor.org/stable/212230?seq=1.

Eyre, John D. “Irrigation Channel (Pg 6).” Water Controls in a Japanese Irrigation System, 1976, www.jstor.org/stable/212230.

Eyre, John D. “Small Irrigation Ditches in Oishi Village (Fig. 1, Pg 6).” Water Controls in a Japanese Irrigation System, 1976, www.jstor.org/stable/212230?seq=1.

“Hot Springs a Class Above the Rest.” Visit Kinosaki , 2018, visitkinosaki.com/in-the-area/kinosaki-onsen/about-kinosaki-onsen/.

Imperial Palace in Tokyo. 1908, en.wikipedia.org/wiki/Tokyo_Imperial_Palace.

Koichi Kamoshida, Koichi. “ Matsudai Tanada Region in Niigata, Japan.” The World, Global Post, 2008, www.pri.org/stories/2011-11-28/rice-20-climate-changes-rice-japan.

Oliver, Mark. “Imperial Japan.” All Things Interesting, 2017, allthatsinteresting.com/imperial-japan.

Tomoni, Sawada. “Kinosaki Bridge.” 日帰り・1泊どちらもオススメ!大阪・京都から行きたい温泉スポット5選, 2018, matcha-jp.com/jp/5887.

Modernity and Medieval Muck

modernity & Medieval Muck

(Fig. 1) Water controls in a Japanese Irrigation system

Fig. 1

Photo clip from “Filthy Cities” Episode 1

Intro

Jorgensen explores the realities of sanitation in London during the Medieval times. In her work, she responds to a television program called “Filthy Cities” and their episode about plumbing and sanitation in Medieval London. As she breaks down the dichotomy of Medieval plumbing and modern-day plumbing, she discusses the problem in hyperbolizing the filth during these historical times. The result of exaggerating the unsanitary aspects of Medieval times, according to Jorgensen, undermines the seriousness of issues in our modern day technology and will possibly halt the progression of advancement in our toilets.

more people, more waste

As populations rose in London, this spike in inhabitants naturally called for a plumbing system to properly handle the amount of waste. About 80,000-100,000 people lived in the metropolis, in turn, a governmental system was created to handle the many issues that arose as a result of the population rising, waste management being one of them. The two departments in the system that were most involved in city planning and sanitation was the Husting, the highest city court, and the ‘wardmote’, the local court ward for the city. They often dealt with situations such as managing rainwater, damage to property, road obstructions, drain blockages, etc. (Chew & Kellaway, 1973). The records of these wardmotes hold some of the most accurate information about how life was actually during the Great Stink. 

(Fig. 2-5) Historical depictions of Medieval London

Keepers of the Road

These foul odors were definitely prominent during these times and the government system in place did all they could to fight this. The stink was a sure sign of unsanitary conditions. One of the ways the Husting and wardmotes tried to maintain the health of their people was keeping track of street and pavement conditions. Four government officials in these houses would ensure that there were no obstructions, such as horse dung, and that they were properly repaired to make sure waste was eradicated smoothly (Sharpe. 1899). In order to ensure that the streets are kept in good condition, they created legal nuisances to keep the public accountable. They made private property owners responsible for the sanitary upkeep of their surrounding surface areas (Jorgensen, 4).

(Fig. 6) Water source next to Imperial palace.

(Fig. 6) Eradication of waste in the streets through underground systems

dichotomy of medieval filth and modern filth

As primitive as our modern day media makes the era of the Great Stink seem, Jorgensen uses her voice in her work to highlight how these times inspired many of our modern plumbing and sanitary policies today. Just because the quality and efficiency of our plumbing technology has advanced greatly since The Great Stink, doesn’t mean we don’t have sanitary issues that are equally as severe as those back then. Waste management is actually one of the leading reasons as to why our planet is facing so many environmental issues. According to Melford, we currently bury our waste deep into the earth because we cannot find a solution to make these energies less radioactive. Indeed we may not be dumping communal waste into cesspools or dumping them into our streets, but the dramatic increase in water usage and harmful emissions being released into our atmosphere. We may not be dealing with disease and ‘stink’, but every era comes with it’s set of struggles when it comes to dealing with waste management. Jorgensen explains that constantly comparing our progress to the past will inhibit growth for our future ‘muck’. y. This includes indoor pumping as well. With the development of new drilling and pumping techniques in the 1960’s, as the visitors increased greatly (1.5 million visitors per year), inns were able to have their own baths once again (Remseyer, 16).

(Fig. 7) Pollution from UK study from sewage

Works cited

Jørgensen, Dolly. “Modernity and Medieval Muck.” Nature and Culture, vol. 9, no. 3, 2014, pp. 225–237. JSTOR, www.jstor.org/stable/43304068. Accessed 5 Mar. 2021.

Image Citations

Bibby, Miriam. “London’s Great Stink.” Historic UK, www.historic-uk.com/HistoryUK/HistoryofBritain/Londons-Great-Stink/.

“Causes of Water Pollution 1.” Water Pollution UK, 2018, www.water-pollution.org.uk/sewage-and-wastewater/.

Dash, Mike. “Repairing the Fleet Sewer.” Smithsonian Magazine, 2012, www.smithsonianmag.com/history/quite-likely-the-worst-job-ever-319843/.

“A Gross Realization: Historical Sanitation.” History, Interupted, 2015, blog.cnbeyer.com/history/a-gross-realization-historical-sanitation/.

Meredith , Norman. “Life in a Medieval Town.” John and Clare, 1969, www.johndclare.net/KS3/1-6-2.htm.

Milne, Gustav. The Growth of London as a Port from Roman to Medieval Times. Gresham College, www.youtube.com/watch?v=bXSM05m3OZc.

Whipple, Tom. “A Study of Skulls Dug up in London Reveals That Many of Them Had Injuries Caused Just before They Died.” The Times, 2017, www.thetimes.co.uk/article/study-of-skulls-from-medieval-london-reveal-high-rate-of-violence-14th-century-shoe-lane-kathryn-krakowka-st38fzb0v.

Archaeological Evidence of Toilet System

Archaeological Evidence of Toilet Systems 

Introduction

Toilet practice has a very close correlation to people’s everyday living no matter what time period one is in. Analyzing a bathroom and its characteristics can tell how life, societal norms, religious values, and habits were in whichever time they were built. Overtime, the subject of using the restroom became taboo and those who even spoke of it would be ostracized socially and deemed strange. Slowly, societies started to prioritize keeping their environments clean instead of throwing their waste and defecation out in the open. This journal focuses on the development of toilets and flushing systems in India. They were one of the first civilizations to create flushing technology for their waste.

3 Main Points:

1. Early civilization’s toilet practices can be attributed by their technological standing and religious values
2. The timeline of the development of a toilet is not a straight line; it improves as well as digresses
3. Disposal of waste in ancient times relied on rain typically, but terracotta pipes existed in certain societies used that were very advanced and “western”

 

 

Early Years

There is debate in which civilization was the first to use toilets. There is evidence of some sort of toilet technology Indus‐Saraswati Valley Civilisation in 3rd millennium BC (Tiwary, 2018) and in the Mesopotamian era. Back then when there were royalties and nobles, toilets were another distinguisher of class, since the wealthy were some of the only ones that were able to use it. On the Island of Crete during the Bronze age, archaeologists found one of the first existing toilets that flushed with water on Knossos Palace. Roman civilizations were one of the first societies to create the concept of private and public bathrooms (Tiwary, 2018).

Figure 1 | Toilet at Knoss Palace

Figure 1 | Evidence of toilet found at Palace at Knossos

Figure 2 | Indus Valley toilet system

Indus Civilization

The Indus civilization was the society to first perfect the flushable toilet given their technological circumstances. They implicated hydraulic engineering and fabricated a intricate set of pipes to transfer water and waste as well as a central well where they keep their water to flush. Wood and stone were typically used and they also got much of their water sources from the rain. One option they took was getting the water storage from the roof and the waste would be carried through terracotta pipes which then lead the excretions to cesspools which would be periodically sanitized (Jansen, 1989). As soon as the waste was expelled into the streets with the clay pipes, they relied on the rain for sanitization to wash it away. During the Indus civilization, there was a time era called the Gupta Period. The Gupta period was a very important one in Indian culture, it was the time of progressive architecture, interesting art, literature, and many technological advancements. (Tiwary, 2018).

Post-Indus Period

Archaeologists discovered a space that has a central courtyard with rooms that diverge into their own spaces, as well as remains of terracotta bowls. There are some reasons to speculate that they did indeed value the idea of privacy when archaeologists found many wells in close proximity and rings that suggest the existence of some type of curtain. Each ‘stall’ had a dug well with a slab that had a drop hole well people would squat over. During the Pre-Mauryan period and the Vedic Period, which came during the end of the Indus period, it was much more connected to nature. This society, in a way, reverted back to their roots and was primarily agrarian. They considered their home as a way to connect to God so they did not keep their toilets in their enclosures. Due to this, primitive practices and religious beliefs, scientists and archaeologists predict that this society digressed and simply used the bathroom wherever they pleased. Later, in the village of Manikpur, researchers found evidence of terracotta toilet pans which were a very ‘Western’ type of design already. As time went,  archaeologists also found a Buddhist university called Vikramshila mahavihara that was estimated to have existed during the Pala period 8th-12th century E.C. The structure of the toilet was made out of bricks. Terracotta pots would store water and the extrements would be released into dug pits or farming fields. (Tiwary, 2018).Archaeologists discovered a space that has a central courtyard with rooms that diverge into their own spaces, as well as remains of terracotta bowls. There are some reasons to speculate that they did indeed value the idea of privacy when archaeologists found many wells in close proximity and rings that suggest the existence of some type of curtain. Each ‘stall’ had a dug well with a slab that had a drop hole well people would squat over. During the Pre-Mauryan period and the Vedic Period, which came during the end of the Indus period, it was much more connected to nature. This society, in a way, reverted back to their roots and was primarily agrarian. They considered their home as a way to connect to God so they did not keep their toilets in their enclosures. Due to this, primitive practices and religious beliefs, scientists and archaeologists predict that this society digressed and simply used the bathroom wherever they pleased. Later, in the village of Manikpur, researchers found evidence of terracotta toilet pans which were a very ‘Western’ type of design already. As time went,  archaeologists also found a Buddhist university called Vikramshila mahavihara that was estimated to have existed during the Pala period 8th-12th century E.C. The structure of the toilet was made out of bricks. Terracotta pots would store water and the extrements would be released into dug pits or farming fields. (Tiwary, 2018). Later in the Indian timeline, as many societies have adapted, toilets were slowly evolving to be only meant for the wealthy. With each era in India, civilizations came up with new techniques to keep areas clean and get rid of waste which were also formed through cultural norms at that time. Following the Indian historical trajectory it shows that they already had a basis for the beginnings of a working society and a concern for hygiene practices (Tiwary, 2018).

Figure 3 | Indus Valley squat toilet

Figure 4 | Post-Indus flush toilet systems

Biblography

Jansen, M. 1989. Water supply and sewage disposal at Mohenjo‐Daro. World  Archaeology.

Volume 21. No.02. Archaeology of Public Health

 Tiwary, Sachin Kr., and Shubham Saurabh. “Archaeological Evidences of Toilet System in Ancient India.” Journal of Multidisciplinary Studies in Archaeology, vol. 6, no. 36, 1 Dec. 2018, doi:http://www.heritageuniversityofkerala.com/JournalPDF/Volume6/36.pdf. 

Topics- How Bathroom Design Has Been Influenced By Social Issues

Potential Topics

  1. Eco-friendly techniques when it comes to sanitation and plumbing technology
  2. The evolution of the aesthetics of a Western toilet
  3. The historical, social evolution of the separation of people over time when it comes to restroom design (communal use, gender, race) 
  4. How higher class culture molded the social aspects of bathrooms. 
  5. How the evolution of sanitation effected modern infrastructure in cities.

Jamie Yeung | 1/10/2021 | IARC475